Do we need to re-apply if we leave the country?

[jorgejuan]

Hello,

I am an EEA citizen currently living in the UK with my wife. She arrived in the UK a few months ago and applied for the residence card straight away. However, due to family reasons she needs to travel abroad in a month's time -- and it is unlikely that we hear a final resolution from the UKBA by then.

Could you please advice if the whole process resets when she will request her passport back? In other words, does she need to re-apply when she comes back to the UK?

Your help is much appreciated.

Best,

JJ

[Jambo]

Asking the passport back will not affect her application. She can ask for the passport back in any stage of the application. The HO would later either ask for the passport back to place the RC in it or issue the RC on a stand alone piece of paper.

If she is a visa national and have a valid EEA Family Permit, she will have no problem to travel back to the UK. If she is a visa national and her Family Permit has expired, she might need to apply for a new Family Permit before returning as the airline will not let her board a flight without a visa.

If she is not a visa national, she should have no problem boarding a flight and should produce the CoA at the border when entering.

[jorgejuan]

Dear Jambo,

This is most helpful! Thank you for your prompt reply.

Best wishes,

JJ.

[jorgejuan]

Dear Jambo,

I take this opportunity to ask you another question for which you might know the answer.

My wife now has a job offer which is being conditioned. The employer requires her to prove that she has the right to work in the UK after her visa expires (in october).

How can she provide this proof without the her passport (which is currently held by the UKBA)?

Would you have any suggestions on what to do or who to contact for this purpose?

Your help is much appreciated.

Best regards,

JJ.

[Jambo]

If she has applied for RC several months ago, then she should have received by now a letter confirming the application (Certificate of Application - CoA) which should have stated her right to work in the UK. This can be shown to the employer as proof. If she hasn't received it yet, she should call the HO and let them know it was not received and request a new one. The employer could also call the HO Employer helpline to verify her right to work.

[jorgejuan]

Dear Jambo,

Again, many thanks for your prompt answer.

One very last query, would you know a reliable telephone line where we can get hold of someone at UKBA?

We have tried calling a few numbers with no success (answering machines that lead you nowhere, fax lines, etc).

Best wishes,

JJ

[jorgejuan]

Dear Jambo,

I have a final query that you might help clarifying. We need to travel abroad for family reasons and so we now have our passports back. However, we did not receive the COA.

Would you know if in such cases the application process is withdrawn? In other words, when we get back to the UK, does my wife need to re-apply?

Just FYI, the UKBA kept our marriage certificate as well as the EEA2 residence application form. Also, we understand that her application is considered as 'outstanding' in the UKBA's system.

Many thanks for your help.

JJ

[Jambo]

The application is not withdrawn. You ask for the passports and they have been returned to you. The HO kept the other documents as the application is still valid.

[jorgejuan]

Many thanks for your prompt answer!

[jorgejuan]

Dear Jambo,

We have got an answer from the UKBA stating that my wife needs to re-apply following our passport request. In that letter they mention that further documents are needed such as a comprehensive health insurance for me (though I have full access to the NHS!).

My wife is currently employed and we were wondering if it would be recommended that she sends a letter of employment as part of her (new) application. Or could that generate problems more than help the process?

Your help is, as ever, much appreciated.

Best regards,

JJ.

[Jambo]

Only the EEA national activities matter. What the non-EEA national is doing is irrelevant so your wife employment details are not relevant (and will not matter if you send proof of her employment).

What do you do in the UK? CSI (insurance) is required if you are a student or self-sufficient. The fact that you have full access to NHS doesn't affect the HO view that you need an insurance to meet the EEA requirements (if a student or self-sufficient).

[Directive/2004/38/EC]

We have got an answer from the UKBA stating that my wife needs to re-apply following our passport request.

What did you exactly ask them?
What dd they exactly say in response?

[jorgejuan]

- Jambo, many thanks for your prompt response -- this is most helpful. I am full-time PhD student.

- On these two questions:

a) What did you exactly ask them?

We requested our passports back as we are travelling abroad for a couple of weeks. It should be noted that we had not yet received the COA when we sent this request.

b) What did they exactly say in response?

We think that the fact that we requested our passports prompted an answer from the UKBA. A week after receiving our passport they sent my wife a letter saying that "the submitted documents are insufficient to establish you have a right of residence under the 2006 Regulations..." and that "this is not a formal determination of your status under the Regulations. Our purpose in returning the documents is to enable you to assemble a complete dossier of supporting evidence and to submit this with a fresh application when you are in a position to do so. In the meanwhile we will not be giving any further consideration to your case".

[Directive/2004/38/EC]

Did you submit proof that you (the EU citizen) were a student with the applications?

[jorgejuan]

Yes, I did submit proof of my student status.

Best,

JJ

[Directive/2004/38/EC]

Did you submit any evidence of non-NHS health insurance? For a student this can include a EHIC card as long as you "intend" to return to your home member state.

[jorgejuan]

No, I did not -- and I suspect that is the main reason why the UKBA returned our application.

[Directive/2004/38/EC]

I suspect you are right.

If you want to, you can pick up some cheap private insurance and reapply for the RC.

What is the citizenship of your wife? Does she need a visa to travel easily?

Note that when travelling now (until she has an RC), you should always carry your marriage certificate and keep in mind the powerful ruling called MRAX which covers your back: http://eumovement.wordpress.com/2010/08 ... to-travel/

[jorgejuan]

- Yes, already purchased a private insurance so that we an reapply for the RC as soon as we are back in the UK (early October)

- She is Mexican and should be allowed to re-enter the UK with her current EEA2 Family Permit Visa which expires in late October

- Many thanks for the reference to the MRAX ruling. I will read it carefully.

- On another note, when my wife's visa is expired (late October), how can she proof to her employee that she has the right to work in the UK in the event that the COA (or the RC for that matter) has not yet been issued?

Best,

JJ

[Directive/2004/38/EC]

- On another note, when my wife's visa is expired (late October), how can she proof to her employee that she has the right to work in the UK in the event that the COA (or the RC for that matter) has not yet been issued?

She has two clear choices, but maybe more.

She can apply for another EEA FP while outside the UK
or
She can get a Code 1A stamp at the border which MAYBE she can convince an employer is suitable for working.

[jorgejuan]

Many thanks for this.

Our trip is perhaps too short to request a new EEA Family Permit so the Code 1A stamp might be a good option.

- Would you be able to recommend a link where I can find more about that stamp and how to request it at Heathrow airport?

- We understand that the UKBA has an employer checking service:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Would you say this might help my wife's employer to check her right to work in the UK (in the event that there is no COA or RC issued)?

Best,

JJ

[Jambo]

Are you coming back after the EEA Family Permit has expired?

If not, you will need to ask the IO in the airport to give you a 6 months code 1A stamp instead of just stamping the EEA Family Permit. You will need to present your marriage certificate and proof of the EEA national exercising treaty rights.

See here about Code 1A stamp and right to work.

The problem with the Employer Checking service is that it is very likely they won't have you in the system as you have not made an application yet so they might give out the wrong information. I would use them as a last resort and make sure the employer has all the right background (EEA family permit granted based on marriage, application for RC made but CoA not yet received) before they call the HO.

[jorgejuan]

Hi Jambo and thanks again for your answer.

We will be travelling with the following documents: marriage certificate (original and certified translation), tenancy agreement signed by both my wife (non EEA national) and myself (EEA national), UK bank statement of joint account with our current address and my certification of my student status (full-time PhD).

a) Would these documents be enough to request the Code 1A Stamp?

b) What would be the approach to request this with the IO? Can they refuse this request without explanation?

c) Is it critical to request it upfront (prior to having her EEA Family Permit stamped)? Or do we wait until access has been granted by the IO?


Best regards,

JJ

[Directive/2004/38/EC]

You did not answer whether the EEA FP will already be expired!

We will be travelling with the following documents: marriage certificate (original and certified translation), tenancy agreement signed by both my wife (non EEA national) and myself (EEA national), UK bank statement of joint account with our current address and my certification of my student status (full-time PhD).

a) Would these documents be enough to request the Code 1A Stamp?

b) What would be the approach to request this with the IO? Can they refuse this request without explanation?

c) Is it critical to request it upfront (prior to having her EEA Family Permit stamped)? Or do we wait until access has been granted by the IO?

No need for a bank statement. Certainly do not give it to them unless asked. Your wife's right to enter is based on your marriage, and that does not depend on bank balance!

The law is clear that your wife must be given entry into the UK. Read http://eumovement.wordpress.com/2010/08 ... to-travel/ again carefully so that you really understand the law quoted and the UK rules. Carry a copy of this, as well the internal UKBA rules.

Whether they are required to issue a Code 1A is another matter. It is UKBA internal rules which specify that, and I do not know in what situations they can break their rules.

I would go with your wife to the slow (foreigner people) line on arrival. I would explicitly say: "I am an EU citizen and this is my wife. My wife needs the procedurally standard Code 1A stamp because she will be working." If the person looks confused, or if they refuse, then ask for a senior immigration officer to join you. Repeat everything carefully for everyone who joins the conversation. Carefully and visibly write down the name and badge number of everyone involved, asking each person politely for the information if it is not clear.

[jorgejuan]

Thanks for your prompt answer -- much appreciated! I will read carefully and print out a copy of the various references that you have kindly provided.

- Her EEA family permit expires on 19 October but we will be entering the country on 1 October.

- My wife is currently employed in London. Would advice us to clarify this (e.g. by producing a letter of employment) to the IO and use that as a reason to request the Code 1A stamp?

JJ.